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ARYA VIDYA SHALA PARENTS v. THE GOVERNMENT OF KARNATAKA
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2NDDAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.21029 OF 2012 (GM-KSR)
BETWEEN :
ARYA VIDYA SHALA PARENTS
ASSOCIATION, A SOCIETY
REGISTERED UNDER THE
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT,1960
HAVING ITS OFFICE AT NO.5
W.H. HANUMANTHAPPA ROAD
V MAIN ROAD, GANDHINAGAR
BANGALORE-560 009
AND HEREIN REPRESENTED
BY ITS SECRETARY
MR. S. MADHUSUDHANA …PETITIONER
(BY SHRI. K. ARUN KUMAR, SENIOR ADVOCATE FOR
SHRI. ARJUN SARATHY, ADVOCATE)
AND :
1. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY THE UNDER SECRETARY
CO-OPERATIVE DEPARTMENT
M.S.BUILDING, BANGALORE-560 001
2. DISTRICT REGISTRAR OF SOCIETIES
CENTRAL DIVISION, NO.146
8THCROSS,3RDMAIN ROAD
MARGOSA ROAD
MALLESHWARAM
BANGALORE
3. SHRI. B.K. GANGAPPA
S/O LATE BHADRAIAH
AGED ABOUT 83 YEARS
LIFE MEMBER
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M/S ARYA VIDYASHALA
PARENTS ASSOCIATION
R/AT. NO.149, 6THMAIN ROAD
2NDSTAGE, 2NDPHASE
W.O.C.ROAD
BANGALORE-560 086
4. SRI. SIVAPRASAD
S/O LATE G. SIANNA
AGED ABOUT 62 YEARS
LIFE MEMBER
M/S ARYA VIDYASHALA
PARENTS ASSOCIATION
R/AT. NO.10, 2ND CROSS
K.G. ROAD EXTN.,
BANGALORE-560 009 ... RESPONDENTS (BY SMT. K.R. ROOPA, HCGP FOR R1 AND R2; SMT. SONA VAKKUND, ADVOCATE FOR R4;
VIDE ORDER DTD.11.10.19
-DEATH OF R3 TAKEN ON RECORD)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 07.06.2012 PASSED BY THE 1ST
RESPONDENT VIDE ANNEXURE-M HEREIN AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri K.Arun Kumar, learned Senior Advocate for the petitioner, Smt. K.R.Roopa, learned HCGP for the State, Smt. Sona Vakkund, learned advocate for respondent No.4.
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2. Registrar of Societies initiated proceedings under Section 25 of Karnataka Societies Registration Act, 1960, against petitioner. An Enquiry was conducted and a report dated 31.10.2011 was submitted to the Registrar. The said report was served upon the petitioner. Petitioner submitted a representation dated 08.12.2011. Based on the said representation, Registrar constituted a fresh enquiry and pursuant to the second enquiry, a report dated 15.03.2018 has been prepared by the second Enquiry Officer.
3. Whilst, second enquiry was in progress, by order dated 07.06.2012 (Annexure-M), Government appointed an Administrator. The same is impugned in this writ petition. This Court has granted stay of the impugned order on 26.06.2012.
4. Shri Arun Kumar submits that since the second report is in place, appointment of administrator pursuant to the earlier report is rendered unsustainable.
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5. Learned HCGP, in her usual fairness, submits that this petition may be disposed of by granting liberty to the State to take further action pursuant to second report. Her submission is placed on record.
6. In the circumstances, this writ petition is allowed. Government Order No.SaEe 30 SaSumNo 2012, Bengaluru, dated 07.06.2012, passed by the State Government- respondent No.1 (Annexure-M) is quashed, reserving liberty to the State to take action in accordance with law pursuant to second report dated 15.3.2018.
7. In view of disposal of the petition, I.A.No.1/2015 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE
AV
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